TNAG-1005-FCO40-1254-Capital-punishment-in-Hong-Kong-1981 — Page 12

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Mr Donald male

CONFIDENTIAL

11KG 380/8

ན་▪

2 3 NOV 1981

OFFICER

PA

CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES

Problem

BBR

сл

copied to pr

30/12

1. To decide whether action is necessary to deal with HMG's

differing approaches to capital punishment in Hong Kong and in

the other Dependent Territories.

Recommendation

2. That the status quo whereby death sentences in Hong Kong

are always commuted by the Governor in Council be maintained.

The departmental Legal Adviser concurs.

Background

3.

Capital punishment is retained in 7 British Dependent

Territories (the year of the last execution in each Territory

is given in brackets);

4.

Anguilla (1924), Bermuda (1977), British Virgin Islands (1972),

Cayman Islands (1928), Hong Kong (1966), Montserrat (1960),

Turks and Caicos Islands (1946).

Successive British Governments have regarded the question

whether the death penalty should be prescribed for murder under

the law of the Dependent Territories as a matter for the local

governments and legislatures. The exercise of the Crown's

Prerogative of Mercy has been delegated to Governors, but this

does not preclude petitions to The Queen if the Governor decides

that the law should take its course. In responding to such

petitions it has been accepted policy for the Secretary of State

(whose duty it is to advise Her Majesty on such petitions) not to

interfere with the Governor's decision so long as that would not

CONFIDENTIAL

/result

Also at Hris 380/3

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